Day on Torts

This video demonstrates the struggles that defense lawyers have with some claims adjusters.

A new study reveals that as many as 75 percent of hospital tests are not followed up and this failure can have serious consequences for patients, including delayed or missed diagnoses and even death. The study is a "study of studies,"  and looked at 12 international studies.  The work showed…

Here is an interesting story from the New York Times. Malpractice Bill Raises Issues About a Lawsuit By BARRY MEIER Published: February 8, 2011 The lawmaker and retired obstetrician sponsoring a Congressional bill to sharply cut medical malpractice awards was involved in a $500,000 settlement of a malpractice lawsuit. The…

The Anesthesia Patient Safety Foundation has released this Adverse Event Protocol discussing what should be done when things go bad for a patient receiving or who is under anesthesia. As the author of the plan explains, the "plan of action will help minimize damage to the patient (and also to…

The Appellate Division of the Superior Court of New Jersey has ruled that an expert should not be required to reveal details about his income from testifying as an expert witness. In Gensollen v. Pareja,  No. A-0401010T3, (N.J.A.D. 11/19/10), doctor who examined the plaintiff in a personal injury case admitted…

The Anesthesia Patient Safety Foundation has created a video that discusses how to prevent and manage fires that occur in the operating room. The video is 18 minutes long and was released in February 2010. Here is what the organization says about operating room fires: The most notable finding when…

Tennessee consumers injured by medical negligence are facing a full assault on their right to trial by jury.  Some members of the new General Assembly seem hell-bent on placing arbitrary caps on damages, notwithstanding the fact that medical malpractice lawsuits are down over 40% and malpractice insurer profits are soaring.…

The Tennessee Department of Commerce and Insurance has put the medical malpractice case reporting form on its website.   The reports must be filed on or before March 1, 2011. Plaintiff’s medical malpractice attorneys who concluded a case in 2010 must complete this form.

The Oregon Supreme Court has ordered a new trial in a case where defense counsel’s closing argument included a discussion of  the testimony of an expert who never testified at trial.  The majority and dissenting opinions collect law from across the country on this issue and provide a gold mine…

Mr. Pannu was seriously injured when his Land Rover Discovery (Series 1) sport utility vehicle rolled over following a chain of collisions.  Pannu alleged a design defect in the SUV and was awarded a judgment of $21,654,000. The Court of Appeal of the State of California, Second Appellate District, affirmed…